Chicago & Vicinity Laborers' District Council Pension Fund v. Amplitude, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
CHICAGO & VICINITY LABORERS’ Case No. 24-cv-00898-VC
DISTRICT COUNCIL PENSION FUND,
Plaintiff, ORDER GRANTING MOTION TO
DISMISS
v. Re: Dkt. No. 56 AMPLITUDE, INC., et al., Defendants.
The motion to dismiss is granted with leave to amend. This order assumes the reader’s familiarity with the facts, relevant legal standards, and arguments made by the parties. 1. Judicial Notice. Amplitude’s request for judicial notice is granted. SEC filings, press releases, conference call transcripts, and analyst reports cannot be judicially noticed for the truth of the statements they contain. But as the plaintiff acknowledges, judicial notice can be taken “of these types of documents for the purpose of determining what information was available to the market.” In re Splunk Inc. Securities Litigation, 592 F. Supp. 3d 919, 930 (N.D. Cal. 2022) (taking judicial notice of SEC filings and earnings call transcripts); see also, e.g., In re Century Aluminum Co. Securities Litigation, 2011 WL 830174, at *9 (N.D. Cal. Mar. 3, 2011) (taking judicial notice of analyst reports). 2. Material Misrepresentation or Omission. The…